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HomeMy WebLinkAboutWQ0001817_Final Permit_20191231ROY COOPER Governor MICHAEL S. REGAN secretary LINDA CULPEPPER Director JAMES SINNOTT — PRESIDENT ALBEMARLE UTILITY COMPANY 11675 RAINWATER DRIVE — SUITE 220 ALPHARETTA, GEORGIA 30009 Dear Mr. Sinnott: NORTH CAROLINA %vironmental Quality December 31, 2019 Subject: Permit No. WQ0001817 Albemarle Plantation WWTF Wastewater Irrigation System Perquimans County In accordance with your permit renewal request received July 1, 2019, and subsequent additional information received October 28, 2019, we are forwarding herewith Permit No. WQ0001817 dated December 31, 2019, to the Albemarle Utility Company for the continued operation of the subject wastewater treatment and irrigation facilities. The following modifications to the subject permit are as follows: ➢ This facility description has been edited to describe the operation of the facility at the time of this renewal. This includes separating out the existing fields from the unconstructed fields, and adding conditions for the construction and operation of these currently unconstructed but permitted fields. ➢ The permitted flow of the system has been updated to reflect that this facility is limited by disposal capacity. Permitted flow can be increased to 200,422 gallons per day (GPD) with the establishment of the additional fields as described in Attachment B. This permit shall be effective from the date of issuance through May 31, 2025, shall void Permit No. WQ0001817 issued August 5, 2014, and shall be subject to the conditions and limitations therein. The Permittee shall submit a renewal application no later than December 2, 2024. Please pay attention to the monitoring requirements listed Attachments A, B, and C for they may differ from the previous permit issuance. Failure to establish an adequate system for collecting and maintaining the required operational information shall result in future compliance problems. The Division has removed the following permit conditions since the last permit issuance dated August 5, 2014: ➢ Old Condition I.2. — This condition has been removed. ➢ Old Condition II.7. — This condition has been removed. ➢ Old Condition II.14. — This condition has been removed. ez-5f D- FM� .b _ North Carolina Department of Environmental Quality I Division of Water Resources ��/g 512 North Salisbury Street 1 1617 Mail Service Center I Raleigh, North Carolina 27699-1617 Norma -.w � 919.707.9000 Mr. James Sinnott December 31, 2019 Page 2 of 3 ➢ Old Condition II.15. — This condition has been removed. ➢ Old Condition II.16. — This condition has been removed. ➢ Old Condition III.16. — This condition has been removed. However, it should be noted that swimming pool grade chlorine tablets are not acceptable for wastewater disinfection. ➢ Old Condition IV.15. — This condition has been removed. ➢ Old Condition VI.2. — This condition has been removed because the permit is not voidable. The following permit conditions are new since the last permit issuance dated August 5, 2014: ➢ Condition I.1. — The Permittee shall submit a permit modification prior to the operation of Fields 6 and 7 so that either a setback waiver can be added to the permit or the sections of each field that violate setbacks can be removed. ➢ Condition I.2. — The Permittee shall submit an engineering certification prior to the operation of Fields A through G and 6 through 12. ➢ Condition I.3. — The Permittee shall notify the Washington Regional Office prior to operation of fields A-G and 8-12 so that an inspection can be made of the facilities. ➢ Condition 1.4. — The Permittee shall notify the Non -Discharge Branch at least two business days in advance of initial operation of the additional fields so that the Division can adjust the flow limit for PPI 001. ➢ Condition II.12. — A request to update the irrigation field setbacks to the most recent iteration of the 15A NCAC 02T .0506(a) setbacks has been requested. All applicable setbacks for the treatment units have been updated to the 15A NCAC 02H .0404(g) and 02H .02190)(5) setbacks at the time of modification. ➢ Condition III.7. — Irrigation equipment shall be tested and calibrated once per permit cycle. ➢ Condition III.16. - Metering equipment shall be tested and calibrated annually. ➢ Condition VI.10. — This condition states that the permit will not be renewed if the annual fee is not paid. ➢ Condition VI.I1. — The Permittee shall report the measured monthly average amount of wastewater flow contributed per connection (GPD/connection) for the 12 months prior to permit renewal and reevaluate the permitted flow reduction if any monthly averages are within 20% of the approved value. ➢ Condition VI. 12. - The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility, and shall transfer this approval to any future Permittee. Mr. James Sinnott December 31, 2019 Page 3 of 3 ➢ Attachment A — Flow has been changed to reflect that the limiting factor for flow in the permit is based on the current disposal capacity of the fields at the time of permitting. The monitoring parameters of Total Residual Chlorine, Total Nitrogen, and Total Nitrate have been added effluent monitoring. Monitoring for Nitrite plus Nitrate, Total (as N) (PCS Code #00630) has been changed to Nitrogen, Nitrate Total (as N) (PCS Code #00620). Sampling frequencies have been changed. ➢ Attachment B — This attachment has been edited to separate out the constructed fields and unconstructed fields. ➢ Attachment C — The parameter of Total Phosphorus has been added to groundwater monitoring. Monitoring for Volatile Components, (GC/MS) (PCS Code #78732) has changed to Volatile Compounds, (GW) (PCS Code #GWVOC). If any parts, requirements, or limitations contained in this permit are unacceptable, the Permittee has the right to request an adjudicatory hearing upon written request within 30 days following receipt of this permit. This request shall be in the form of a written petition, conforming to Chapter 150B of the North Carolina General Statutes, and filed with the Office of Administrative Hearings at 6714 Mail Service Center, Raleigh, NC 27699-6714. Otherwise, this permit shall be final and binding. If you need additional information concerning this permit, please contact Erick Saunders at (919) 707-3659 or erickson.saunders@ncdenr.gov. Sincerely, ,-�inda Culpepper, Director O Division of Water Resources cc: Perquimans County Health Department (Electronic Copy) Washington Regional Office, Water Quality Regional Operations Section (Electronic Copy) Laserfiche File (Electronic Copy) Digital Permit Archive (Electronic Copy) Central Files THIS PAGE BLANK NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION DEPARTMENT OF ENVIRONMENTAL QUALITY RALEIGH WASTEWATER IRRIGATION SYSTEM PERMIT In accordance with the provisions of Article 21 of Chapter 143, General Statutes of North Carolina as amended, and other applicable Laws, Rules, and Regulations PERMISSION IS HEREBY GRANTED TO Albemarle Utility Company Perquimans County FOR THE operation of a 102,264 gallon per day (GPD) (202,508 GPD at build -out) wastewater collection, treatment, and irrigation facility consisting of the: continued operation of a wastewater collection system consisting of. a low pressure septic tank effluent pumping (STEP) system with a 1,200 gallon septic tank with either a 30 or 80 gallon per minute (GPM) pump, check valves, high-water alarms, and an alternator electric system serving each unit; approximately 7,693 linear feet (LF) of 6-inch force main; approximately 2,700 LF of.4-inch force main; and all associated piping, valves, controls and appurtenances; the continued operation of a wastewater treatment facility consisting of: an influent flow meter and flow totalizer; a four acre, 6.5 million gallon (MG) baffled treatment lagoon; a 12 acre, 19,549,728 gallon storage lagoon; effluent chlorination; a 175 GPM master pump station (Pump Station No. 1) with dual 175 GPM submersible pumps and high-water alarms; a 180 GPM pump station (Pump Station No. 2) with dual 180 GPM pumps and high-water alarms; a 14,000 gallon holding tank at the pump station; an effluent flow measurement device; 10,400 LF of 6-inch force main; and all associated piping, valves, controls and appurtenances; the continued operation of a 102,264 GPD wastewater irrigation facility consisting of: a 22.91 acre spray irrigation area containing three fields (i.e., Fields 13, 14, and 15); and all associated piping, valves, controls, and appurtenances; the construction and operation of an 85,688 GPD wastewater irrigation facility consisting of: the repair of a 49.32 acre spray irrigation area containing seven fields (i.e., Fields A through G); a 29.3 acre spray irrigation area containing five fields (i.e., Fields 8 through 12); and all associated piping, valves, controls, and appurtenances; and the construction only of a 14,556 GPD wastewater irrigation facility consisting of: a 10.87 acre spray irrigation area containing two fields (i.e., Fields 6 and 7); and all associated piping, valves, controls and appurtenances to serve the Albemarle Plantation WWTF, with no discharge of wastes to surface waters, pursuant to the application received July 1, 2019, subsequent additional information received October 28, 2019, and in conformity with the Division -approved plans and specifications considered a part of this permit. WQ0001817 Version 4.0 Shell Version 181105 Page 1 of 10 This permit shall be effective from the date of issuance through May 31, 2025, shall void Permit No. WQ0001817 issued August 5, 2014, and shall be subject to the following conditions and limitations: I. SCHEDULES 1. The Permittee shall submit a permit modification request prior to operation of Fields 6 and 7. These fields are within the 400 foot setback to the habitable residence located on 862 Holiday Island Rd. (PIN 7866-59-0377 and shown on Figure 2). This modification request shall contain one of the following: a. An executed and recorded setback waiver in accordance with 15A NCAC 02T .0506(d) to allow for application of wastewater within the required 400-foot setback to the habitable residence; or b. An updated site map which excludes irrigation within 400 feet of the habitable residence. The new acreages of these fields shall be calculated. [15A NCAC 02T .0108(b)(1)(B)] 2. Upon completion of construction/repairs and prior to operation of Fields A through G and Fields 6 through 12, the Permittee shall submit an engineering certification from a North Carolina licensed Professional Engineer certifying that the permitted facility has been constructed in accordance with G.S. 143-215.1, Administrative Code Title 15A Subchapter 02T, this permit, and the Division - approved plans and specifications. For phased and partially certified facilities, the Permittee shall retain the responsibility to track further construction approved under this permit, and shall provide a final engineering certification upon project completion. Mail the Engineering Certification to the Division of Water Resources, Non -Discharge Branch, 1617 Mail Service Center, Raleigh, NC 27699-1617, or Non-Discharge.Reports,-ci.ncdenr.gov. [15A NCAC 02T .0116(a)] 3. The Permittee shall notify the Washington Regional Office, telephone number (252) 946-6481, at least two business days in advance of initial operation of any additional constructed fields so that the Division can conduct a startup inspection. [15A NCAC 02T .0108(b)(1)(B)] 4. The Permittee shall notify the Non -Discharge Branch, telephone number (919) 707-3659 at least two business days in advance of initial operation of the additional fields so that the Division can adjust the flow limit for PPI 001. [15A NCAC 02T .0108(b)(1)(B)] 5. The Permittee shall request renewal of this permit on Division -approved forms no later than December 2, 2024. [15A NCAC 02T .0105(b), 02T .0109] H. PERFORMANCE STANDARDS The Permittee shall maintain and operate the subject non -discharge facilities so there is no discharge to surface waters, nor any contravention of groundwater or surface water standards. In the event the facilities fail to perform satisfactorily, including the creation of nuisance conditions due to improper operation and maintenance, or failure of the irrigation areas to assimilate the effluent, the Permittee shall take immediate corrective actions, including Division required actions, such as the construction of additional or replacement wastewater treatment or disposal facilities. [15A NCAC 02T .0108(b)(1)(A)] 2. This permit shall not relieve the Permittee of their responsibility for damages to groundwater or surface water resulting from the operation of this facility. [15A NCAC 02T .0108(b)(1)(A)] 3. Groundwater monitoring wells shall be constructed in accordance with 15A NCAC 02C .0108 (Standards of Construction for Wells Other than Water Supply), and any other jurisdictional laws and regulations pertaining to well construction. [ 15A NCAC 02C .0108] WQ0001817 Version 4.0 Shell Version 181105 Page 2 of 10 4. The wastewater collection facilities shall be properly maintained and operated at all times. The following performance criteria shall be met: a. The collection system shall be effectively maintained and operated at all times to prevent discharge to land or surface waters, and to prevent contravention of groundwater or surface water standards. b. A map of the collection system shall be developed and maintained. c. An operation and maintenance plan shall be developed, implemented, and maintained. d. Pump stations not connected to a telemetry system shall be inspected every day (i.e., 365 days per year) unless otherwise approved. Pump stations connected to a telemetry system shall be inspected at least once per week. e. High -priority sewers shall be inspected at least once every six months. f. A general observation of the entire collection system shall be conducted at least once per year. g. Overflows and bypasses shall be reported to the Washington Regional Office in accordance with 15A NCAC 02B .0506(a), and public notice shall be provided as required per G.S.143-215.1C. h. A grease control program shall be developed, implemented, and maintained. i. Right-of-ways and easements shall be maintained. j. Inspection and maintenance records shall be maintained for a period of at least three years, except for the map, which shall be maintained for the life of the system. [15A NCAC 02T .0403(a)] 5. Effluent quality shall not exceed the limitations specified in Attachment A. [15A NCAC 02T .0108(b)(1)(A)] 6. Application rates, whether hydraulic, nutrient, or other pollutant, shall not exceed those specified in Attachment B. [15A NCAC 02T .0108(b)(1)(A)] 7. Wastewater irrigation fields permitted on or after December 30, 1983 have a compliance boundary that is either 250 feet from the wastewater irrigation area, or 50 feet within the property boundary, whichever is closest to the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the compliance boundary shall require corrective action. Division -approved relocation of the compliance boundary shall be noted in Attachment B. Multiple contiguous properties under common ownership and permitted for use as a disposal system shall be treated as a single property with regard to determination of a compliance boundary. [ 15A NCAC 02L .0106(d)(2), 02L .0107(b), 02T .0105(h), G.S. 143-215.1(i), G.S. 143-215.1(k)] 8. The review boundary is midway between the compliance boundary and the wastewater irrigation area. Any exceedance of groundwater standards at or beyond the review boundary shall require preventative action. [15ANCAC 02L.0106(d)(1), 02L .0108] 9. The Permittee shall apply for a permit modification to establish a new compliance boundary prior to any sale or transfer of property affecting a compliance boundary (i.e., parcel subdivision). [15A NCAC 02L .0107(c)] 10. No wells, excluding Division -approved monitoring wells, shall be constructed within the compliance boundary except as provided for in 15A NCAC 02L .0107(g). [15A NCAC 02L .0107] WQ0001817 Version 4.0 Shell Version 181105 Page 3 of 10 11. Except as provided for in 15A NCAC 02L .0107(g), the Permittee shall ensure any landowner who is not the Permittee and owns land within the compliance boundary shall execute and file with the Perquimans County Register of Deeds an easement running with the land containing the following items: a. A notice of the permit and number or other description as allowed in 15A NCAC 02L .0107(f)(1); b. Prohibits construction and operation of water supply wells within the compliance boundary; and c. Reserves the right of the Permittee or the State to enter the property within the compliance boundary for purposes related to the permit. The Director may terminate the easement when its purpose has been fulfilled or is no longer needed. [15A NCAC 02L .0107(f)] 12. The facilities herein were permitted per the following setbacks: a. The Permittee has requested use of setbacks adopted September 1, 2018. The setbacks for spray irrigation sites originally permitted or modified on or after September 1, 2018 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 400' ii. Each habitable residence or place of assembly owned by the Permittee: 200 iii. Each private or public water supply source: 100 iv. Surface waters: 100 v. Groundwater lowering ditches: 100 vi. Surface water diversions: 25 vii. Each well with exception of monitoring wells: 100 viii. Each property line: 1502 ix. Top of slope of embankments or cuts of two feet or more in vertical height: 15 x. Each water line: 10 xi. Subsurface groundwater lowering drainage systems: 100 xii. Public right of way: 50 xiii. Nitrification field: 20 xiv. Each building foundation or basement: 15 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02T .0506(a)] WQ0001817 Version 4.0 Shell Version 181105 Page 4 of 10 b. The storage and treatment units were modified August 6, 2003. The setbacks for storage and treatment units originally permitted or modified from February 1, 1993 to August 31, 2006 are as follows (all distances in feet): i. Each habitable residence or place of assembly under separate ownership: 4001 ii. Each private or public water supply source: 100 iii. Surface waters: 50 iv. Each well with exception of monitoring wells: 100 v. Each property line: 502,3 vi. Nitrification field: 20 1 Habitable residences or places of assembly under separate ownership constructed after the facilities herein were originally permitted or subsequently modified are exempt from this setback. 2 Setbacks to property lines are not applicable when the Permittee, or the entity from which the Permittee is leasing, owns both parcels separated by the property line. [15A NCAC 02H .0404(g), 02H .02190)(5)] OPERATION AND MAINTENANCE REQUIREMENTS 1. The Penn ittee shall operate and maintain the subject facilities as a non -discharge system. [15A NCAC 02T .0500] 2. The Permittee shall maintain an Operation and Maintenance Plan, which shall include operational functions, maintenance schedules, safety measures, and a spill response plan. [15A NCAC 02T .0507(a)] 3. Upon the Water Pollution Control System Operators Certification Commission's (WPCSOCC) classification of the subject non -discharge facilities, the Permittee shall designate and employ a certified operator in responsible charge (ORC), and one or more certified operators as back-up ORCs. The ORC or their back-up shall operate and visit the facilities as required by the WPCSOCC. [ 15A NCAC 02T .0117] 4. The Permittee shall maintain vegetative cover on the irrigation sites, such that crop health is optimal, allows even effluent distribution, and allows inspection of the irrigation system. [15A NCAC 02T .0507(b)] 5. The Permittee shall take measures to prevent effluent ponding in or runoff from the irrigation sites listed in Attachment B. [15A NCAC 02T .0507(c)] 6. The Permittee shall not irrigate treated effluent during inclement weather, or when the soil is in a condition that will cause ponding or runoff. [15A NCAC 02T .0505(x)] 7. Irrigation equipment shall be tested and calibrated once per permit cycle. [15A NCAC 02T .0507(d)] 8. Only treated effluent from the Albemarle Plantation WWTF shall be irrigated on the sites listed in Attachment B. [15A NCAC 02T .0501] 9. The Permittee shall not allow vehicles or heavy machinery on the irrigation area, except during equipment installation or maintenance activities. [ 15A NCAC 02T .0507(e)] 10. The Permittee shall prohibit public access to the wastewater treatment, storage, and irrigation facilities. [15A NCAC 02T .0505(q)] WQ0001817 Version 4.0 Shell Version 181105 Page 5 of 10 11. The Permittee shall dispose or utilize generated residuals in a Division -approved manner. [15A NCAC 02T .0508, 02T .1100]. 12. The Permittee shall not divert or bypass untreated or partially treated wastewater from the subject facilities. [15A NCAC 02T .05050)] 13. Freeboard in the 4-acre treatment lagoon and the 12-acre storage lagoon shall not be less than two feet at any time. [15A NCAC 02T .0505(d)] 14. Gauges to monitor waste levels in the 4-acre treatment lagoon and the 12-acre storage lagoon shall be provided. These gauges shall have readily visible permanent markings, at inch or tenth of a foot increments, indicating the following elevations: maximum liquid level at the top of the temporary liquid storage volume; minimum liquid level at the bottom of the temporary liquid storage volume; and the lowest point on top of the dam. [ 15A NCAC 02T .0507(f)] 15. A protective vegetative cover shall be established and maintained on all berms, pipe runs, erosion control areas, surface water diversions, and earthen embankments (i.e., outside toe of embankment to maximum allowable temporary storage elevation on the inside of the embankment). Trees, shrubs, and other woody vegetation shall not be allowed to grow on the earthen dikes or embankments. Earthen embankments shall be kept mowed or otherwise controlled and accessible. [ 15A NCAC 02T .0507(g)] 16. Metering equipment shall be tested and calibrated annually. [15A NCAC 02T .0507(d)] 17. An automatically activated standby power source capable of powering all essential treatment units shall be on site and operational at all times. If a generator is employed as an alternate power supply, it shall be tested weekly by interrupting the primary power source. [15A NCAC 02T .0505(1)] IV. MONITORING AND REPORTING REQUIREMENTS 1. The Permittee shall conduct and report any Division required monitoring necessary to evaluate this facility's impact on groundwater and surface water. [ 15A NCAC 02T .0108(c)] 2. A Division -certified laboratory shall conduct all analyses for the required effluent, groundwater, and surface water parameters. [15A NCAC 02H .0800] 3. Flow through the treatment facility shall be continuously monitored, and daily flow values shall be reported on Form NDMR. Facilities with a permitted flow less than 10,000 GPD may estimate their flow from water usage records provided the water source is metered. [15A NCAC 02T .0105(k), 02T .0108(c)] 4. The Permittee shall monitor the treated effluent at the frequencies and locations for the parameters specified in Attachment A. [15A NCAC 02T .0108(c)] 5. The Permittee shall maintain records tracking the amount of effluent irrigated. These records shall include the following information for each irrigation site listed in Attachment B: a. Date of irrigation; b. Volume of effluent irrigated; c. Site irrigated; d. Length of time site is irrigated; e. Continuous weekly, monthly, and year-to-date hydraulic (inches/acre) loadings; f. Continuous monthly and year-to-date loadings for any non -hydraulic parameter specifically limited in Attachment B; g. Weather conditions; and h. Maintenance of cover crops. [15A NCAC 02T .0108(c)] WQ0001817 Version 4.0 Shell Version 181105 Page 6 of 10 6. Freeboard (i.e., waste level to the lowest embankment elevation) in the 4-acre treatment lagoon and the 12-acre storage lagoon shall be measured to the nearest inch or tenth of a foot, and recorded weekly. Weekly freeboard records shall be maintained for five years, and shall be made available to the Division upon request. [15A NCAC 02T .0108(c)] 7. Three copies of all monitoring data (as specified in Conditions IV.3. and IVA.) on Form NDMR for each PPI and three copies of all operation and disposal records (as specified in Conditions IV.5. and IV.6.) on Form NDAR-1 for every site in Attachment B shall be submitted on or before the last day of the following month. If no activities occurred during the monitoring month, monitoring reports are still required documenting the absence of the activity. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(1)] 8. Pursuant to G.S. 143-215.1C(a), the Permittee shall provide to its users and the Division of Water Resources an annual report summarizing the performance of the wastewater treatment and irrigation facility and the extent to which the facility has violated this permit, or federal or State laws, regulations, or rules related to the protection of water quality. This report shall be prepared on either a calendar or fiscal year basis and shall be provided no later than 60 days after the end of the calendar or fiscal year. Two copies of the annual report provided to the Permittee's users shall be submitted to: Division of Water Resources Water Quality Permitting Section 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [G.S. 143-215.1 C(a)] 9. The Permittee shall maintain a record of all residuals removed from this facility. This record shall be maintained for five years, and shall be made available to the Division upon request. This record shall include: a. Name of the residuals hauler; b. Non -Discharge permit number authorizing the residuals disposal, or a letter from a municipality agreeing to accept the residuals; c. Date the residuals were hauled; and d. Volume of residuals removed. [15A NCAC 02T .0508(b)] 10. A maintenance log shall be kept at this facility. This log shall be maintained for five years, and shall be made available to the Division upon request. This log shall include: a. Date of flow measurement device calibration; b. Date of irrigation equipment calibration; c. Visual observations of the plant and plant site; and d. Record of preventative maintenance (e.g., changing of equipment, adjustments, testing, inspections and cleanings, etc.). [15A NCAC 02T .0507(h)] 11. Monitoring wells MW-1, MW-2, MW-3, MW-4, MW-5, MW-6, MW-7, MW-8, MW-9, and MW-10 shall be sampled at the frequencies and for the parameters specified in Attachment C. All mapping, well construction forms well abandonment forms and monitoring data shall refer to the permit number and the well nomenclature as provided in Attachment C and Figure 1. [15A NCAC 02T .0105(m)] WQ0001817 Version 4.0 Shell Version 181105 Page 7 of 10 12. Two copies of the monitoring well sampling and analysis results shall be submitted on a Compliance Monitoring Form (GW-59), along with attached copies of laboratory analyses, on or before the last working day of the month following the sampling month. The Compliance Monitoring Form (GW-59) shall include this permit number, the appropriate well identification number, and one GW-59a certification form shall be submitted with each set of sampling results. All information shall be submitted to the following address: Division of Water Resources Information Processing Unit 1617 Mail Service Center Raleigh, North Carolina 27699-1617 [15A NCAC 02T .0105(m)] 13. An annual representative soils analysis (i.e., Standard Soil Fertility Analysis) shall be conducted on each irrigation site listed in Attachment B. These results shall be maintained at the facility for five years, and shall be made available to the Division upon request. Each Standard Soil Fertility Analysis shall include the following parameters: Acidity Exchangeable Sodium Percentage Phosphorus Base Saturation (by calculation) Magnesium Potassium Calcium Manganese Sodium Cation Exchange Capacity Percent Humic Matter Zinc Copper pH [15A NCAC 02T .0108(c)] 14. Noncompliance Notification: The Permittee shall report to the Washington Regional Office, telephone number (252) 946-6481, within 24 hours of first knowledge of the following: a. Treatment of wastes abnormal in quantity or characteristic, including the known passage of a hazardous substance. b. Any process unit failure (e.g., mechanical, electrical, etc.) rendering the facility incapable of adequate wastewater treatment. c. Any facility failure resulting in a discharge to surface waters. d. Any time self -monitoring indicates the facility has gone out of compliance with its permit limitations. e. Ponding in or runoff from the irrigation sites. Emergencies requiring reporting outside normal business hours shall call the Division's Emergency Response personnel at telephone number (800) 662-7956, (800) 858-0368, or (919) 733-3300. All noncompliance notifications shall file a written report to the Washington Regional Office within five days of first knowledge of the occurrence, and this report shall outline the actions proposed or taken to ensure the problem does not recur. [15A NCAC 02T .0108(b)(1)(A)] WQ0001817 Version 4.0 Shell Version 181105 Page 8 of 10 V. 1. The Permittee shall perform inspections and maintenance to ensure proper operation of the wastewater treatment and irrigation facilities. [ 15A NCAC 02T .0507(i)] 2. The Permittee shall inspect the wastewater treatment and irrigation facilities to prevent malfunctions, facility deterioration, and operator errors that may result in discharges of wastes to the environment, threats to human health, or public nuisances. The Permittee shall maintain an inspection log that includes the date and time of inspection, observations made, and maintenance, repairs, or corrective actions taken. The Permittee shall maintain this inspection log for a period of five years from the date of the inspection, and this log shall be made available to the Division upon request. [ 15A NCAC 02T .0507(h), 02T .0507(i)] 3. Division authorized representatives may, upon presentation of credentials, enter and inspect any property, premises, or place related to the wastewater treatment and irrigation facilities permitted herein at any reasonable time for determining compliance with this permit. Division authorized representatives may inspect or copy records maintained under the terms and conditions of this permit, and may collect groundwater, surface water, or leachate samples. [G.S. 143-215.3(a)(2)] VI. GENERAL CONDITIONS 1. Failure to comply with the conditions and limitations contained herein may subject the Permittee to a Division enforcement action. [G.S. 143-215.6A, 143-215.613, 143-215.6C] 2. This permit is effective only with respect to the nature and volume of wastes described in the permit application, and Division -approved plans and specifications. [G.S. 143-215.1(d)] 3. Unless specifically requested and approved in this permit, there are no variances to administrative codes or general statutes governing the construction or operation of the facilities permitted herein. [15A NCAC 02T .0105(n)] 4. The issuance of this permit does not exempt the Permittee from complying with all statutes, rules, regulations, or ordinances that other jurisdictional government agencies (e.g., local, state, and federal) may require. [15A NCAC 02T .0105(c)(6)] 5. If the permitted facilities change ownership, or the Permittee changes their name, the Pennittee shall submit a permit modification request on Division -approved forms. The Permittee shall comply with all terms and conditions of this permit until the permit is transferred to the successor -owner. [G.S. 143- 215.1(d3)] 6. The Permittee shall retain a set of Division -approved plans and specifications for the life of the facilities permitted herein. [15A NCAC 02T .0105(o)] 7. The Permittee shall maintain this permit until the proper closure of all facilities permitted herein, or until the facilities permitted herein are permitted by another authority. [15A NCAC 02T .01050)] WQ0001817 Version 4.0 Shell Version 181105 Page 9 of 10 8. This permit is subject to revocation or modification upon 60-day notice from the Division Director, in whole or part for: a. violation of any terms or conditions of this permit or Administrative Code Title 15A Subchapter 02T; b. obtaining a permit by misrepresentation or failure to disclose all relevant facts; c. the Permittee's refusal to allow authorized Department employees upon presentation of credentials: i. to enter the Permittee's premises where a system is located or where any records are required to be kept; ii. to have access to any permit required documents and records; iii. to inspect any monitoring equipment or method as required in this permit; or iv. to sample any pollutants; d. the Permittee's failure to pay the annual fee for administering and compliance monitoring; or e. a Division determination that the conditions of this permit are in conflict with North Carolina Administrative Code or General Statutes. [15A NCAC 02T .0110] 9. Unless the Division Director grants a variance, expansion of the facilities permitted herein shall not occur if any of the following apply: a. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has been convicted of environmental crimes under G.S. 143-215.613, or under Federal law that would otherwise be prosecuted under G.S. 143-215.6B, and all appeals of this conviction have been abandoned or exhausted. b. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has previously abandoned a wastewater treatment facility without properly closing the facility. c. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid a civil penalty, and all appeals of this penalty have been abandoned or exhausted. d. The Permittee or any parent, subsidiary, or other affiliate of the Permittee is currently not compliant with any compliance schedule in a permit, settlement agreement, or order. e. The Permittee or any parent, subsidiary, or other affiliate of the Permittee has not paid an annual fee. [15A NCAC 02T .0120(b), 02T .0120(d)] 10. This permit shall not be renewed if the Pennittee or any affiliation has not paid the required annual fee. [15A NCAC 02T .0120(c)] WQ0001817 Version 4.0 Shell Version 181105 Page 10 of 10 11. Pursuant to the flow reduction approved in the December 2, 2005 permit, the Division accepts the data - based design flow rate of 170 gallons per day per connection (GPD/connection) for the users served by this facility. At no time shall wastewater flows exceed the limits defined in this permit, or exceed the sewer capacity downstream of any new sewer extension or service connection. The Permittee shall report the measured monthly average amount of wastewater flow contributed per unit (GPD/connection) for the 12 months prior to permit renewal. If any of these monthly averages are within 20% of the approved value, the Permittee shall reevaluate the approved value using the methodology applied to determine the approved flow rate of 170 GPD/connection, and submit this information with the renewal application for reevaluation of the approve flow rate. [ 15A NCAC 02T .0114(f)] 12. The Permittee shall retain the Division's written approval of the authorized adjusted daily design flow rate for the life of this facility, and shall transfer this approval to any future Permittee. [15A NCAC 02T .0114(f)] Permit issued this the 31It day of December 2019 NORTH CAROLINA ENVIRONMENTAL MANAGEMENT COMMISSION J� da Culpepper, Director V Division of Water Resources By Authority of the Environmental Management Commission Permit Number WQ0001817 WQ0001817 Version 4.0 Shell Version 181105 Page 11 of 10 THIS PAGE BLANK i z = 6 5 5 W F C7 C7 C7 (5 0 C7 C7 C7 C7 C7 a � a w a c7 H s z i g a0i Qcog x 3 o � x M U M 0 E A 7 E rA F C a W C �- a � E � w W G7 o om o C0 N N O N O O 03 o � C a o z z o 00 D o 0 U N «d O H D E n O O F" [� cn coU E p U U U V.Z Z Z Z a ro Ln w 0 O m p �D 'D �t � K1 V) U o O 0 O 0 0 0 0 0 0 0 0 0 0 O U 0 D -4 CV m co c a as w a x N I ci a) a) V NU u1 u1 y y Tll- C U U U U U U U U U U U 2:1 ' �o O O O O O O O O O O 00 00 00 00 6 CD �iEI N — — — � .N-.� z 7J U N N N N U N U N U U N N N U N ►a C� fx Gr. 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W-1189, SUB 0 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION ALBEMARLE PLANTATION UTILITY COMPANY INC. is granted this CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY to provide sewer utility service ri Albemarle Plantation Subdivision. Phases 1 and 2 Perquimans County, North Carolina subject to any orders, rules, regulations, and conditions now or hereafter lawfully made by the North Carolina Utilities Commission. ISSUED BY ORDER OF THE COMMISSION. This the 29th day of May, 2003. NORTH CAROLINA UTILITIES COMMISSION e,O►L l.-Mou>\r Gail L. Mount, Deputy Clerk ' APPENDIX B SCHEDULE OF RATES For Albemarle Plantation Utility Com anv. Inc. For providing Sewer utility service in Albemarle Plantation Subdivision. Phases 1 and 2 Perquimans County, North Carolina Monthly Flat Rate for Residential Service: $41.50 Monthly Flat Rate for Nonresidential Service. $41.50 per REU* * REU = Residential Equivalent Unit Connection Fee: $1,500 Reconnection Charges: If sewer service cut off by utility for good cause $15.00 Bills Due: On Billing Date Bills Past Due: 15 days after billing date Billing Frequency: Shall be monthly for service in arrears Finance Charge for Late Payment: 1 % per month will be applied to the unpaid balance of all bills still past due 25 days after the billing date. Issued in Accordance with Authority granted by the North Carolina Utilities Commission in Docket No. W-1189, Sub 0 on this the 29tfi day of May , 2003. FILED OfFXALODW CERTIFICATE QF SERVICE _MN 0 -) /D();l Co clove-e art iE t 1 /vOCKX N.C. lldliUea ��' mailed with sufficient postage or hand delivered to all affected customers the attached Notice to Customers issued by the North Carolina Utilities Commission in Docket No. W-1189, Sub 0, and the Notice was mailed or hand delivered by the date specified in the Order. This the day of � ti . UC _ 2003. LnB 0(}_�1G. �-a Name of Utility C pany The above named Applicant, personally appeared before me this day and, being first duly sworn, says that the required Notice to Customers was mailed or hand delivered to all affected customers, as required by the Commission Order dated M T2 003 in Docket No. W- 1189, Sub 0. Witness my hand and notarial seal, this the ° day of L 2003. f Notary Publir.. 1-7 VF RtIAL S EL:-','--TH GEITZENAUER (SEAL) My Commission Expires: S .n ., N:' : ii-'_Ra • North C rclina cllmisslon Explres March 18, 2004 NORTH CAROLINA UTILITIES COMMISSION NOTICE TO PARTIES Docket No. W-1189 Sub 0 .,Exceptions Due on or Before June 13.2003 Parties to the above proceeding may file exceptions to the report and Recommended Order hereto attached on or before the day above shown as provided in G.S. 62-78. Exceptions, if any, must be filed (original and thirty (30) copies) with the North Carolina Utilities Commission, Raleigh, North Carolina, and a copy thereof mailed or delivered to each party of record, or to the attorney for such party, as shown by appearances noted. Each exception must be numbered and clearly and specifically stated in one aragraph without argument. The grounds for each exception must be stated in one or more paragraphs, immediately following the statement of the exception, and may include any argument, explanation, or citations the party filing same desires to make. In the event exceptions are filed, as herein provided, a time will be fixed for oral argument before the Commission upon the exceptions so filed, and due notice given to all parties of the time so fixed; provided, oral argument will be deemed waived unless written request is made therefore at the time exceptions are filed. If exceptions are not filed, as herein provided, the attached report and recommended decision will become effective and final on. fi 14� !03 unless the Commission, upon its own initiative, with notice to parties of record modifies or changes said Order or decision or postpones the effective date thereof. The report and Recommended Order attached shall be construed as tentative only until the same becomes final in the manner hereinabove set out. STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1189, SUB 0 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Albemarle Plantation Utility ) Company, Inc., 201 Ocean Highway, Hertford, ) RECOMMENDED ORDER North Carolina 27944, for a Certificate of Public ) GRANTING FRANCHISE AND Convenience and Necessity to Furnish Sewer ) APPROVING RATES Service in Albemarle Plantation Subdivision, ) Phases 1 and 2, in Perquimans County, North ) Carolina, and for Approval of Rates HEARD IN: Perquimans County Courthouse, 128 North Church Street, Hertford, North Carolina, on Tuesday, March 11, 2003, at 7:00 p.m. BEFORE: Danny Stallings, Hearing Examiner APPEARANCES: For Albemarle Plantation Utility Company, Inc.: M. H. Hood Ellis, Hornthal, Riley, Ellis and Maland, LLP, P.O. Box 220, Elizabeth City, North Carolina 27907 For the Using and Consuming Public: Robert S. Gillam, Staff Attorney, Public Staff - North Carolina Utilities Commission, 4326 Mail Service Center, Raleigh, North Carolina 27699- 4326 STALLINGS, HEARING EXAMINER: On September 16, 2001, Albemarle Plantation Utility Company, Inc. (Applicant) filed an application with the Commission seeking a certificate of public convenience and necessity to provide sewer utility service in Albemarle Plantation Subdivision, Phases 1 and 2 (Subdivision). In an order issued on December 23, 2002, the Commission scheduled this matter for hearing and required customer notice. In a letter to the Commission filed on December 30, 2002, the Applicant requested temporary operating authority and approval of interim rates. On February 17, 2003, the Public Staff filed the affidavit of Calvin C. Craig, Utilities Financial Analyst with the Economics Research Division, and on February 26, 2003, the Public Staff filed the affidavits of Laura Bradley Stewart, Staff Accountant with the Accounting Division, and Jack Floyd, Utilities Engineer with the Water Division. On February 21, 2003, the Applicant filed the Certificate of Service indicating that customer notice had been given as directed by the Commission. The hearing was held on March 11, 2003 as scheduled in Hertford, North Carolina. Testimony was received from the following customers: Wesley Brown, President of the Albemarle Plantation Property Owners Association; Carol Medford; John Holland; Jeanette Kettle; Frank Mizak; David Jenkins; and Robert Cool. Counsel for the Applicant made a statement on the Applicant's behalf. The affidavits of Public Staff witnesses Craig, Stewart and Floyd were admitted in evidence. On March 24, 2003, the Commission received notice that the Applicant had filed a $50,000 bond with the Commission. On March 26, 2003, the Applicant filed a motion renewing its request for temporary operating authority and interim rates. The Commission has not ruled on this request, and with the issuance of this Recommended Order the request is now moot. Based upon the application, the Commission's records, and the affidavits received in evidence, the Hearing Examiner makes the following FINDINGS OF FACT 1 The Applicant is properly before the Commission seeking a sewer utility franchise for service in Albemarle Plantation Subdivision, Phases 1 and 2, in Perquimans County, North Carolina. 2. The service area consists of approximately 1,000 lots within phases 1 and 2 of the Subdivision. The Applicant presently has 253 residential customers and five commercial customers representing eight residential equivalent units (REUs). 3. The Applicant operates a 78,000-gallon per day spray irrigation wastewater system consisting of a 1.88 million gallon treatment lagoon, a 19.55 million gallon storage lagoon, gaseous chlorine for disinfection, and approximately 65.8 acres of spray irrigation fields for disposal. 4. The appropriate amount of plant in service, net of accumulated depreciation, for the Applicant is $99,921. This amount excludes the costs of the wastewater treatment facilities and the main from the Subdivision entrance to the treatment plant. E 5. The Applicant requested approval of a $41.50 per month rate for sewer utility service. The Public Staff agreed with the Applicant's request but proposed that it be modified as follows: Residential Service: $41.50 per month Commercial Service: $41.50 per REU The Applicant agreed to the Public Staff's proposed modification. With this modification, the rate proposed by the Applicant is not unreasonable. 6. The requested rates, with the modification recommended by the Public Staff, will generate an annual revenue of approximately $129,978. 7. The Applicant requested approval of a tank cleaning fee of $300 and a pump replacement fee of $950. These services are performed on property individually owned by each customer, and customers are under no obligation to use the Applicant to perform them. Accordingly, these are not utility services, and the fees charged are not subject to regulation by the Commission. 8. The Applicant should be allowed a connection fee of $1,500, which will be applicable to all lots that have not been sold as of the date this Recommended Order becomes final and effective. 9. The Applicant is compliant with regulations of the North Carolina Department of Environment and Natural Resources' Division of Water Quality (DWQ). There are concerns with the system's capacity, which the Applicant is working with DWQ to resolve. 10. The Applicant has the technical, managerial, and financial capacity to provide sewer utility service in the Albemarle Plantation Subdivision. 11. The bond posted by the Applicant on March 24, 2003 is adequate for this proceeding, and is based on the facts that: a. The Applicant holds no other franchises in this State; however, it has operated the sewer treatment system at no charge for years. Its record of operation is satisfactory. b. The Applicant presently serves 258 customers. With planned expansions of the service area, the Applicant may eventually serve 900 customers. C. It is likely that the system will have to be expanded to accommodate future customer growth. In fact, the Applicant is 3 currently expanding its spray fields to address immediate capacity concerns. d. The existing collection, treatment, anddisposal facilities are approximately 10 years old. They are in good condition. It is not expected that any of them will have to be replaced anytime soon. e. The spray irrigation system is not a mechanically intensive system; however, as with any nondischarge system, the ability of the lagoons and spray fields to assimilate the wastewater are significantly influenced by weather conditions and soil conditions, to the extent that future capacity may require significant capital to expand the lagoons and to find additional spray fields for disposal. The Applicant already has ownership of, or has the option to acquire ownership of, land contiguous to the existing facility for expansion. 12. It is in the public convenience and necessity that the Applicant be allowed a sewer utility franchise for service in the Albemarle Plantation Subdivision. 13. The parties have waived the right to file exceptions to this Recommended Order and have agreed that it may become effective immediately upon issuance. EVIDENCE AND CONCLUSIONS FOR FINDINGS OF FACT 1-3 AND 6-13 The evidence for these findings is contained in the verified application filed in this docket and the affidavits of the Public Staff. No one contested these findings. Based upon these findings, as well as Findings 4 and 5 discussed below, the Hearing Examiner is of the opinion that the franchise for sewer utility service in the Albemarle Plantation Subdivision, Phases 1 and 2 should be granted, and the rates requested by the Applicant, as modified by the Public Staff (including the requested connection fee, but not the tank cleaning and pump replacement fees) should be approved. EVIDENCE AND CONCLUSIONS FOR FINDING OF FACT 4 The evidence supporting this finding of fact appears in the affidavit of Public Staff witness Stewart. Witness Stewart stated that she had removed from plant in service the costs of the treatment plant and the main from the Subdivision entrance to the plant. She made this adjustment based on the advice of counsel, because of the statement in the Property Report for the Subdivision that "[t]he central treatment plant and sewer lines are being constructed at no cost to you." Witness Stewart further stated that notwithstanding this adjustment, her review of the application showed that the Applicant's proposed rates were not unreasonable and would not be unfair to its customers. 0 Counsel for the Applicant stated at the hearing that the Applicant disagreed with the exclusion of the costs of the treatment plant and the main leading to the treatment plant from plant in service. However, the Applicant was willing to accept the rate recommended by the Public Staff, so long as it retained the right to contest the exclusion of these costs in a future rate case. The Hearing Examiner notes that for purposes of this case, the propriety of the Public Staff's adjustment to plant in service is an academic issue. The Applicant's rates will be the same regardless of whether the adjustment is adopted or not. Consequently, it is appropriate to approve the adjustment for this case, without prejudice to the Applicant's right to contest it in any future case where it has an actual impact on rates. EVIDENCE AND CONCLUSIONS FOR FINDING OF FACT 5 The evidence relating to this finding of fact appears in the application, the affidavits of Public Staff witnesses Floyd and Stewart, and the testimony of the public witnesses. Some of the public witnesses testified that the language cited by the Public Staff from the Property Report amounted to an assurance that they should not be charged any fees at all for wastewater treatment, and therefore the Applicant's proposed rates should be rejected altogether. As discussed above, the Public Staff has interpreted this language to mean that customers will not be charged for the costs of constructing the treatment system. The Applicant objects to the Public Staff's interpretation, but has agreed to accept the Public Staff's adjustment to plant in service for this case only, reserving the right to contest the issue in a future case. In the Hearing Examiner's judgment, regardless of whether the language in the Property Report was intended to relieve customers from the costs of constructing the wastewater treatment system, it clearly was not intended to relieve them from the costs of operating the system, and therefore the public witnesses' position cannot be accepted. Certain public witnesses noted that when the Subdivision is completed, the Applicant may serve as many as 900 customers. For this reason, they contended, the operating costs of the system should be divided among 900 customers, rather than among the 258 customers currently receiving service. However, the Hearing Examiner notes that it is impossible to know when, or if, all lots in the Subdivision will be sold. If all lots are sold, the capacity of the treatment system will have to be expanded, resulting in increased operating costs. G.S. 62-133 requires that rates be determined on the basis of historical experience rather than future expectations. Therefore, the Applicant and Public Staff have properly calculated rates based on the number of customers presently being served. Finally, a number of public witnesses expressed the opinion that $41.50 per month is an excessive rate for wastewater treatment, especially since the Applicant requires each customer to install a septic tank and take responsibility for disposal of 5 solids in the tank. They noted that many municipalities provide complete sewer service for a lower rate than the Applicant proposes to charge. However, under North Carolina law a utility's rates must be based on its own operating costs, not on rates charged by other utilities or municipalities. Many municipal utilities discharge their effluent into streams and are able to operate at a lower cost than the Applicant's sprayfield system; in addition, municipalities can generally spread their fixed costs among a larger number of customers than the Applicant has. As the testimony of witness Stewart indicates, the Public Staff reviewed the Applicant's operating costs and determined that the proposed rate of $41.50 per month is not unreasonable. IT IS, THEREFORE, ORDERED: 1. That Albemarle Plantation Utility Company, Inc. is granted a Certificate of Public Convenience and Necessity to provide sewer utility service in the Albemarle Plantation Subdivision, Phases 1 and 2 in Perquimans County, North Carolina. 2. That Appendix A constitutes the Certificate of Public Convenience and Necessity. 3. That the Schedule of Rates, attached as Appendix B, is approved for Albemarle Plantation Utility Company, Inc., and is deemed filed with the Commission pursuant to G.S. 62-138. 4. That the rates set forth in Appendix B shall be applicable to service rendered on and after the seventh day following the issuance of this Recommended Order, provided the Applicant has filed the Certificate of Service by that date. 5. That the cash bond filed on March 24, 2003 is hereby approved for Albemarle Plantation Utility Company, Inc. 6. That the Notice to Customers, attached as Appendix C, be mailed with sufficient postage or hand delivered to all customers as soon as practicable, and that the Applicant shall file the attached Certificate of Service within seven days after the date of this order ISSUED BY ORDER OF THE COMMISSION. This the 29t" day of May , 2003. NORTH CAROLINA UTILITIES COMMISSION A6L � •M+bLvv\* Gail L. Mount, Deputy Clerk 0052803.01 STATE OF NORTH CAROLINA UTILITIES COMMISSION RALEIGH DOCKET NO. W-1189, SUB 0 BEFORE THE NORTH CAROLINA UTILITIES COMMISSION In the Matter of Application by Albemarle Plantation Utility Company, Inc., 201 Ocean Highway, Hertford, North Carolina 27944, for a Certificate of Public Convenience and Necessity to Furnish Sewer Utility Service in Albemarle Plantation Subdivision, Phases 1 and 2 in Perquimans County, North Carolina, and for Approval of Rates NOTICE TO CUSTOMERS APPENDIX C BY THE COMMISSION: Notice is given that the North Carolina Utilities Commission has granted Albemarle Plantation Utility Company, Inc., 201 Ocean Highway, Hertford, North Carolina 27944 (Applicant), a certificate of public convenience and necessity to provide sewer utility service in the Albemarle Plantation Subdivision, Phases 1 and 2. The Commission has approved the following rates for sewer utility service, which will be applicable to service rendered on and after the seventh day following the date of this Notice, provided that the Applicant files a Certificate of Service showing that all customers have been notified of the rates: Monthly Flat Rate for Residential Service: $41.50 Monthly Flat Rate for Nonresidential Service: $41.50 per REU* * REU =. Residential Equivalent Unit Connection Fee: $1,500 This the 291h day of May, 2003. NORTH CAROLINA UTILITIES COMMISSION A6L � -M)iaf N* Gail L. Mount, Deputy Clerk CERTIFICATE OF SERVICE I, _ _ _ , mailed with sufficient postage or hand delivered to all affected customers the attached Notice to Customers issued by the North Carolina Utilities Commission in Docket No. W-1189, Sub 0, and the Notice was mailed or hand delivered by the date specified in the Order. This the day of 2003. Signature Name of Utility Company The above named Applicant, , personally appeared before me this day and, being first duly sworn, says that the required Notice to Customers was mailed or hand delivered to all affected customers, as required by the Commission Order dated 1189, Sub 0. Witness my hand and notarial seal, this the 2003. in Docket No. W- day of .-- Notary Public Address (SEAL) My Commission Expires: Date NORTH CAROLINA PERQUIMANS COUNTY THIS AMENDED AND REINSTATED LEASF',/PURCHASE AGREEMENT, made and entered into this the 2nd day of November, 2017, by and between Ray Allen Randolph, widower, hereinafter referred to as "Landlord" and Albemarle Utility Company, hereinafter referred to as "Tenant". DESCRIPTION OF LEASED PROPERTY 1. For the consideration hereinafter stated, and for other good and valuable considerations, the Landlord hereby leases to the Tenant the property located in Perquimans County, NC, more particularly described as follows: See attached Exhibit A, attached hereto and incorporated herein by reference TERM OF LEASE 2. The initial term of this lease shall be twenty (20) years, commencing on January 1, 2002 and ending on December 31, 2022, unless terminated earlier as herein stated. After the initial term, the lease shall be extended by the following time periods, and at the below listed rental amounts for each time period: a. A first extension commencing January 1, 2023 until December 31, 2027 b. A second extension from January 1, 2028 until December 31, 2032 c. A third extension from January 1, 2033 until December 31, 2037 In addition, the Tenant is hereby granted an option to extend this lease period for two (2) additional terms, each term being a five (5) year extension. Any additional terms exercised under this option shall accrue rent as outlined below in Paragraph 3. RENT 3. The Tenant shall pay the Landlord rent in the amount of $33,700.00 per year, in advance, on the first day of each year throughout the initial term of this lease. Payment will not be late until after the 151h day after payment date. After the initial term, the rental amount shall increase with each extension referenced in Paragraph 2 of this lease as follows: a. The first extension commencing January 1, 2023 until December 31, 2027 shall have a term for rent of $35,385 per year; b. The second extension from January 1, 2028 until December 31, 2032 shall have a rental term of $37,154.25 per year; c. The third extension from January 1, 2033 until December 31, 2037 shall have a rental term of $39,011.96 per year; The option to extend the lease referenced in Paragraph 2 for two (2) additional terms, shall accrue rent for each possible term as follows: a. For the time period of January 1, 2038 until December 31, 2042 the rent shall be $40,962.56 per year; b. For the time period of January 1, 2043 until December 31, 2047 the rent shall be $43,010.69 per year. REAL ESTATE TAXES 4. The Landlord shall pay all real estate taxes on the leased property for so long as this lease remains in effect and as long as the value used to determine taxes owed is based on the discounted present use value as agricultural land (pursuant to N.C.G.S. 105-277), which use and valuation results is deferred taxation. If the applicable tax value changes as a result of the Tenant's use of the property and the Landlord loses the benefit of the discounted present agricultural land use valuation, the Landlord shall be responsible for the taxes owed up to the amount that would have been owed under the discounted present agricultural land use valuation. The Tenant shall be responsible for the remaining amounts above the amount that would have been owed under said present agricultural land use valuation. If deferred taxes become due during the term of this lease, the Landlord shall be responsible for any deferred taxes that accrued during the time period prior to the beginning of the term of this lease. The Tenant shall be responsible for any deferred taxes that become due during the term of the lease that accrued during the time period after the beginning of the term of this lease. USE OF PROPERTY 5. The Tenant may use and occupy the lease property for residential or commercial purposes, including use as a drain field for sewage treatment. Nothing contained herein shall prohibit the Tenant from taking any action which is necessary or incidental to treatment of sewage on said property, including application to the land of chemicals for the treatment of sewage. The Tenant shall not use or knowingly permit any part of the leased property to be used for any unlawful purpose. During Tenants occupancy of the premises, Tenant shall be obligated to take soil samples on an annual basis and provide the results to the Landlord. The Tenant must take action to ensure that soil indexes are maintained at a level equal to or greater than the current soil indexes (hereinafter "initial soil indexes"). The current soil indexes shall be established from the results of soil testing conducted by the State of North Carolina on soil samples drawn under the supervision of both Tenant and Landlord, within 30 days from the signing of this agreement Both the Landlord and Tenant shall have the right to require re -testing if, in their individual discretion, they believe that the initial test results contain errors. If the annual tests reveal that the soil index levels have fallen below the established initial levels, the Tenant must take curative measures to re-establish the soil index at levels greater than or equal to the initial soil indexes. The Tenant shall have 60 days to take such measures at Tenant's sole expense, before the soil shall be re- tested. If the re -test results indicate the soil index levels are still deficient, the Tenant shall have 60 days after the receipt of the re -test results to cure the deficiency, at Tenant's sole expense. If the Tenant fails to cure the deficiency within 60 days, the tenant shall then be in default and the default provisions contained in Paragraph 12 shall go into effect. COVENANT OF QUIET POSSESSION 6. The Tenant upon the payment of the rent herein noted and upon the performance of all the terms of this lease, shall at all times during the lease term quietly enjoy the lease property without any disturbance from the Landlord or any other person claiming through the Landlord. REPAIR AND MAINTENANCE 7. The Tenant shall, during the term of this lease and any renewal or extension thereof, at his sole expense, keep any improvements situated on the leased property in as good order and repair as it is at the date of the commencement of this lease, reasonable wear and tear and damage by fire or other casualty excepted. Throughout the term of this lease, the Tenant, at his sole expense, will take good care of the leased property and will make all ordinary repairs thereto. The Tenant, during the term of this lease, shall keep the structural supports and exterior walls and roof of the building in good order and repair. The Tenant shall maintain in good working order and repair all plumbing, toilet facilities and other fixtures and equipment installed for the general supply of hot and cold water, heat, air conditioning, and the electricity. 3 RETURN OF PROPERTY AT EXPIRATION OF LEASE S. In the event this Lease is rightfully terminated and the Landlord legally regains possession, Tenant shall return the leased property so that any improvements located thereon are in as good condition as they were in, at the beginning of the lease, reasonable use and wear and damages by the elements excepted. ALTERATIONS AND IMPROVEMENTS 9. Tenant, at Tenant's sole cost, shall have the right to make alterations, additions or improvements to the leased property without the consent of the Landlord. UTILME8 10. The Tenant shall pay all charges for electricity, light, heat, power and telephone or other communication service used, rendered, or supplied upon or in connection with the leased property, as well as all other utilities not specifically set forth, including cable television service, and shall indemnify the Landlord against any liability or damages on such account SUBLEASE OR ASSIGNMENT OF LEASE 11. The Tenant shall have the right to transfer or assign this lease, or sublet or permit the leased property or any part thereof to be used by others, without the prior written consent of the Landlord. Upon such assignment, transfer or sublease, the assignee, transferee or sub -lessee shall expressly assume all of the Tenant's rights, duties, obligations and liabilities hereunder. However, in the absence of the Landlord's express consent, Tenant shall not be relieved of these rights, duties, obligations or liabilities. LANDLORD'S RIGHTS UPON TENANT'S VIOLATION OF LEAST TERMS 12. During the term of this lease, if the leased property shall be deserted or vacated, of if there shall be a default in the payment of rent for more than sixty (60) days, or if the Tenant fails to comply or if there shall be a default in performance of any other covenant, agreement, condition, rule or regulation herein contained or hereafter established on the part of the Tenant for more than sixty (60) days after written notice of the Tenant's default by the Landlord, this lease (if the Landlord so elects) shall thereupon become null and void, and the Landlord shall have the right to reenter or repossess the leased property, and dispossess and remove therefrom the Tenant, or other occupants thereof, and their effects, without being liable to any prosecution therefor. In such case, the Landlord shall repossess the leased property, and the Tenant shall pay the Landlord the difference between the fair market use value at the time of repossession and the rent agreed to be paid by the Tenant for the portion of the term remaining at the time of reentry or repossession. FIRE OR OTHER CASUALTY LOSS 13. Where any improvements located on the leased property are damaged by fire or other casualty, the Tenant shall repair the damage with reasonable dispatch. INSURANCE 14. The Tenant shall keep any improvements within the leased property insured against loss or damage by fire with extended coverage endorsement in an amount not less than eight (80%) percent of the full insurable value as determined from time to time. SUBORDINATION IN MORTGAGES 15. This lease shall not be subject or subordinate to the lien of existing deeds of trust or mortgages, nor shall this lease be subject to deeds of trust or mortgages which hereafter may be made a lien on the leased property. EXONERATION FROM LIABILITY 16. The Landlord shall not be liable for any personal injury or damage to the Tenant or to any other occupant of any part of the leased property, or for any damage to any property of the Tenant or any other occupant of any part of the leased property, irrespective of how such injury or damage may be caused, whether from action of the elements or acts of negligence of occupants of the subject property or adjacent property. The Tenant shall indemnify and defend the Landlord and the leased property, at the Tenant's expense, against all claims, expenses, and liabilities arising from the management of or any occurrence on or about the leased property; any default by the Tenant hereunder, or any act or negligence of the Tenant or Tenant's agents, contractors, employees, invitees or licenses. LANDLORD'S RIGHT TO SELL PREMISES DURING THE LEASE TERM 17. At any time during the 20-year term of this lease, the Tenant shall have the option to purchase said property from the Landlord, subject to the conditions contained in this paragraph. Upon the Tenant's written notification to the Landlord of the Tenant's intention to purchase, the Tenant shall have twelve (12) months to close on said purchase. This option to purchase and purchase price for said property shall apply to the following time periods of this lease. If the option is exercised before December 31, 2022, the purchase price shall be $421,250.00; if the option to purchase is exercised from January 1, 2023 until December 31, 2027, then purchase price shall be $442,000.00; if the option is exercised from January 2028 until December 31, 2032 then the purchase price shall be $459,000.00 and if the option is exercised from January 2033 until December 31, 2037 the purchase price shall be $475,000.00. If the option is sought to be exercised during any time period not covered by this lease, then the price shall be $500,000.00. Rent from the exercise date until closing shall be paid by the Tenant on a pro -rated basis, based on the annual rent as listed in Paragraph 3 above. Payment of this rent (or a refund to the Tenant if closing occurs prior to the expiration of the current pre -paid annual period) shall be due at closing and in addition to the purchase price. At the closing, Seller will make, execute and deliver to said buyer a good and sufficient deed for said land in fee simple with general warranty and free from encumbrances upon the Buyer's tender of the purchase price in the amounts as outlined above. At closing, Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, for excise tax (revenue stamps), and for land transfer tax required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. As to this paragraph, time is of the essence. Notwithstanding the previous paragraph, nothing herein shall preclude payment of the purchase price through a "like -kind" exchange as outlined in the Internal Revenue Code, section 1031. TENANT'S OPTION TO PURCHASE THE PREMISES AFTER LEASE TERMINATES 18. At any time during the 20-year term of this lease, the Tenant shall have the right to purchase said property from the Landlord pursuant to paragraph 17 above. 6 Additionally, at the expiration of the twenty (20) year term of this lease and all extensions thereof as set forth in Paragraph 2 above, the Tenant has the option to purchase the said property at a price to be agreed upon by the Landlord and Tenant. In the event Tenant waives its right to exercise the option to purchase the property then and in such case, possession of the property shall immediately be returned to the Landlord. In the event Tenant exercises its right to purchase the property, Landlord and Tenant shall have 120 days to close on the purchase of said property. Rent during the 120-day closing period shall be paid by the Tenant to Landlord on a pro -rated basis, based on the annual rent set out in Paragraph 3 above. Payment of this rent shall be due at closing and in addition to the purchase price. At the dosing, Seller will make, execute and deliver to said buyer a good and sufficient deed for said land in fee simple with general warranty and free from encumbrances upon the Buyer's tender of the agreed upon purchase price. If either the Tenant or Landlord fail to close on the purchase of said property at the expiration of the 120-day "closing period", the Landlord or the Tenant shall have the right to enforce this obligation at law or in equity, including expressly the remedy of specific performance. At closing, Seller shall pay for preparation of a deed and all other documents necessary to perform Seller's obligations under this agreement, and for excise tax (revenue stamps), and land transfer tax required by law. Buyer shall pay for recording the deed and for preparation and recording of all instruments required to secure the balance of the purchase price unpaid at closing. CONDITIONS 19. This agreement is contingent on: (a) Tenant's receipt of satisfactory soil testing results which indicate that the land is optimal for Tenant's intended use as a drainfield for sewage treatment. (b) Tenant's receipt of all State and Federal permits necessary for the use of this property as a drainfield for sewage treatment, including, but not limited to, a permit allowing Tenant to apply effluent chemicals used for sewage treatment on this property. (c) Tenant's receipt of a satisfactory title examination which indicates that the Landlord has fee simple ownership of said property and that said property is free from encumbrances, including, but not limited to any liens, deeds of trust or restrictive covenants or covenants which materially adversely affect Tenant's intended use. 7 Tenant may waive in writing any and all of these contingencies, but unless waived or satisfied, the failure to satisfy any contingency shall null and void this lease. LAWS OF NORTH CAROLINA TO APPLY 20. This lease shall be governed exclusively by the provisions hereof and by the laws of the State of North Carolina, as the same may, from time to time exist. BINDING EFFECT OF LEASE 21. This lease shall be binding upon and shall inure to the benefit of the heirs, executors, administrators, assigns or devisees of the parties hereto. 22. All 'notices to be given hereunder shall be personally delivered or sent by registered or certified mail, return receipt requested, with postage prepaid, to the parties at the following addresses as the parties hereafter designate by like notice similarly served): (a) If intended for Buyer: Albemarle Utility Company P.O. Box 3435 Greenville, NC 27836 With a copy to: Griff Garner P.O. Box 3435 Greenville, NC 27836 If intended for Seller: Ray Allen Randolph 135 Fatman Lane Hertford, NC 27944 With a copy to: Jim R. Dailey 274 Carlyle Park Drive Atlanta, GA 30307 Any notice given hereunder shall be deemed given on the date of delivery or on the date and the time set forth on the registry receipt by the U.S. Postal authorities, as the case may be. 8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals as of the day and year first above written. LANDLORD: r _ Ray Allen Randolph TENANT: Al aarjtyom.Cy By:... President NORTH CAROLINA COUNTY OF CHOWAN I, SUSAN S. SMALL, the undersigned Notary Public do hereby certify that Ray Allen Randolph, zvidozver, personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and notarial seal, this �� p day of November, 2017. Z notary Public My Com. Expires: 4 9 ,``SVsan Gotnmiss�o d',� ��� Not �O p� vblic r- 22 .,ski%'OUnt'111111111y, ,G`�. STATE OF NORTH CAROLINA COUNTY OF 9; I, A Notary Public of County, North Ca a, do herk certify that W ,'jji%jjtA G _ QYM✓ personally came before me is day and acknowledged that he/she is the �i President of Albemarle Utility Company, a North Carolina corporation, and that by authority duly given and as the act of the Corporation, executed the foregoing on behalf of the corporation. Witness my hand and notarial seal, this the 3D_ day of November, 2017. Notary blic My %,►&�ic�ires. ���0 spires ' D*e1rh to roll- 2o7%= 7y �w 421 '11��1111111�%%%%% 10 EXHIBIT A That certain tract or parcel of land lying and being in Bethel Township, Perquimans County, North Carolina, designated as Tax Parcel 2-0082-0010B, and being more particularly described as follows: BEGINNING AT A POINT situated at the intersection of .the Western right of way of Holiday Island Road (State Road #1347) and the Southern right of way line of State Road #1349, and running thence from said point of beginning along the Western right of way line of Holiday Island Road, South 5 degrees East 2,431 feet, more or less, to a point which is situated 775.8 feet South of the intersection of the South side of State Road 1350 and the East side of State Road 1347; thence South 7 degrees 47 minutes East 129.62 feet to the North side of a lane; thence along the North side of said land South 73 degrees 06 minutes 28 seconds West 1,757.11 feet to a point in the line of property now or formerly owned by Walker Rayburn; thence along said Rayburn line, North 9 degrees 40 minutes 54 seconds West 1,249.65 feet to a point, cornering; thence South 81 degrees 19 minutes 04 seconds West 396.0 feet to a point, cornering; thence along the center of an old ditch North 10 degrees 25 minutes 47 minutes West 788.60 feet to a point, cornering; thence North 78 degrees 11 minutes 28 seconds East 1,089.07 feet to a point, cornering; thence North 11 degrees 46 minutes 39 seconds East 382 feet to a point, cornering; thence South 85 degrees 13 minutes 21 seconds East 61 feet to a point, cornering; thence North 21 degrees 03 minutes 35 seconds East 246.61 feet to a point; thence North 13 degrees 09 minutes 14 seconds East 197.03 feet to the south side of State Road #1349; thence along the south side of State Road #1349 in an eastwardly direction a distance of 840 feet, more or less, to the point of beginning, containing 107.5 acres, more or less, and being that portion of Block B - situated South of State Road #1349 and West of Holiday Island Road as delineated on plat entitled in part, "HPB Enterprises" prepared by S. Elmo Williams, Registered Surveyor, under date of September 29, 1988, which plat was attached to and made a part of that certain deed from Matthews Brothers Company to HPB Enterprises dated October 13,1988 of record in Book 127 at Page 529 in the Perquimans County Public Registry. 11